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HomeMy WebLinkAbout2015-06-04 HearingTranscript - Cheriess Bugado SPP15-179SMA15-059 WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT JUNE 4, 2015 CHERIESS BUGADO A regularly advertised hearing on the applications of (SPP 15-179/SMA 15-059) was called to order at 9:02 a.m. in the County of Hawai‘i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i with Vice-Chair Raylene Moses presiding. COMMISSIONERS PRESENT: Raylene Moses, Donn Dela Cruz, Charles Heaukulani, Gregory Henkel, and Donald Ikeda. ABSENT & EXCUSED: Myles Miyasato. ALSO PRESENT: Duane Kanuha (Planning Director), Danny Patel (Deputy Corporation Counsel for the Windward Planning Commission), Amy Self (Deputy Corporation Counsel for the Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Jackson (Staff Planner), Christian Kay (Staff Planner), and Sarah Hata-Finley (Commission Secretary). And approximately 17 people from the public in attendance. APPLICANT: CHERIESS BUGADO (SPP 15-179/SMA 15-059) Applications for a Special Management Area Use Permit and a Special Permit to allow the construction and operation of a wellness facility and spa on 1.136 acres of land within the Special Management Area (SMA) and the State Land Use Agricultural District. The property is located on the makai (east) side of Wainaku Street directly across the intersection of Wainaku Street and Kulana Kea Drive, Pāpa‛a, South Hilo, Hawai‘i, TMK: 2-6-012:008. MOSES: The first item on the agenda is applicant, Cheriess Bugado. Staff presentation? DARROW: Thank you, Miss Chairman, welcome. MOSES: Thank you. DARROW: Congratulations on your promotion. MOSES: If that’s what you call it. DARROW: And welcome members of the Planning Commission. If I can direct your attention to our first application. This morning, our first applicant as mentioned is Cheriess Bugado. She is requesting a Special Management Area Use Permit and a Special Permit. 1 EXHIBIT A The area of the subject application is within the South Hilo District; more specifically, we’re looking in the Wainaku area just outside of the City of Hilo. The area that we’re looking at is identified with blue. It’s just along Hawai‛i Belt Road or Highway 19. Just a short distance out of Hilo. For reference, this purple little triangle area into the ocean is the Wainaku Center, and the area in, again in this general location would be identified as Wainaku. As we zoom in, this is our County zoning map. The different colors represent the County zoning for these particular properties. For reference, on the right side of the map, running in a north-south direction, we have the Hawai‛i Belt Road or Hawai‛i, Highway 19. It also intersects with Wainaku Street. The subject property is identified with a blue outline. This is a property that is identified with dark green which is Agricultural – 20 acres. We also have other properties in the general area that are zoned Agricultural – 20 acres. The property along the ocean is zoned Open even though it’s, it’s a darker green. And the mustard color and light colored yellow is Residential zoning. We do have some different types of Agricultural zoning in the area as well, Family Agricultural – 5 acres, as well as Residential Agricultural – 1 acre. Those were rezoned within the last ten years, those particular areas. This is our State Land Use Boundary Map. These identify the State Land Use designations for the property. The green is State Land Use Agriculture. The yellow is Rural. And the pink identifies the Urban zoning. Again, we had the Open County zoning. It’s identified with, with blue, which is Conservation. This is our Special Management Area Map which identifies the property being located within the Special Management Area, thus, the need for the Special Management Area Use Permit application. We also have an aerial photo which identifies the property in this area. It’s, it’s hard to see but it’s right here. Again, for reference we have Hawai‛i Belt Road and Wainaku. You’ll notice that there’s quite a distance between the intersection of Wainaku and the highway from the boundary of the property. This is actually, even though there’s growth here, like California grass, it’s located within a right-of-way area, a road right-of-way. Unfortunately, I thought I had the General Plan Map which, it’s not in here, but just for reference, this particular area in this general area is Low Density Urban with the outskirts being in Important Agriculture Land. So, this, this property as well as up here, as well as in this general area runs in the Low Density Urban area. I apologize for that. The applicant is requesting a Special Management Area Use Permit and a Special Permit to allow the construction and operation of a wellness facility and spa on 1.136 acres of land. This is located in the SMA as well as within the State Land Use Agricultural District. This is designed to be a 3-story, 2 main stories so it’ll be multi-tiered with a cupola on the top floor. This will be 2 EXHIBIT A built in to the slope of the hillside of the property, and there will be an approximately 800 square foot dwelling unit for a live-in security manager. The facility will offer the following. This is a type of personal service uses identified in the Zoning Code, these types of uses. These would include massage therapy and training, chiropractic treatment, hair, facials, waxing, manicures, pedicures, etc., diet and nutrition counseling, as well as personal fitness activities. The amenities will include sauna, steam room, tanning bed, private lockers, showers, hot tub, indoor/outdoor swimming pool, certified kitchen, executive gym, and, again, live-in, on-site security manager. Also included in this will be a retail outlet for the sale of exclusive health and beauty products produced with some of the onsite plants and herbs, a meeting place which will be used for local writers developing film and TV proposals, as well as display of local and native artwork. This is the applicant’s site plan. Again, for reference on the top of the map, we have Hawai‛i Belt Road, Highway 19, and on the lower portion of the map, we have Wainaku Street. You’ll see the actual structure that’s going to be built in—the depression in this area on the property. This property is, has a unique topography. This particular area of the property is more flat, and along the highway, it’s built up so you’ll see in the pictures that there’s a berm on this area. And the in this area, it’s more of a depression. So the actual facility will be built in the depression area, and the parking will be located on the more level area. Access will be from Wainaku. There will be no access from the highway. These are site photos. This is on Hawai‛i Belt Road looking north towards Kohala. So, this would be the property on the left. Again, this is a portion of the depression as well as the berm that’s located along the highway. You might be familiar with this general area. That’s where they usually put the asphalt or stockpiling of materials on the makai side of the road. This is looking towards Hilo with the subject property on the right. Again, we have the berm and the depression is in this general area, and you can see the single family dwellings in the background. This is on Wainaku Street, looking towards Kohala or to, towards the north. Subject property on the right. So, access would be in this general area. This is the more flat area of the property. This is looking also towards Kohala. The subject property is on the right. You can see the elevation of the properties mauka of the subject property with dwelling up in the left side of the map. This is looking towards Hilo. The subject property is on the left. And, again, Wainaku access will be in this area. You can see the single family dwellings in the foreground as well as the topography on the, of the mauka lots. 3 EXHIBIT A The Planning Director is recommending approval of both the SMA and the Special Permit with conditions. There is a condition that the Planning Department did place in here that’s kind of unique. This is actually located within the Special Permit application. And, the main reason for this condition is to just try to minimize traffic along Wainaku and have patrons or clients be advised by the applicant to access the facility from the highway onto Wainaku and avoid the actual Wainaku area. Currently, if you’ll, if you visited that area, you’ll know that this area of Wainaku has school kids that go in this area going to Ha‛aheo School as well as there are speed bumps in the area to minimize traffic in that area. So, this is Condition No. 6. Additionally, we’ve had several items of correspondence come in since the application has come th in. Number one, is a letter dated May 27 from the Department of Transportation. Number 2 is thth a letter of support received May 29, I’m sorry, did I say March? I meant May 27 for DOT. And lastly, this morning, we’ve received a letter from Garrett Kim in opposition to the request. With that, that concludes our presentation. MOSES: Thank you. Commissioners, any questions of staff? DARROW: Thank you. MOSES: Okay, will the applicant or their representative please come forward? I’m going to swear you in. If you could raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Planning Commission? BUGADO: Yes. FUKE: I do. MOSES: Please state your name, the area you reside in and proceed. Please speak directly into the microphone. Thank you. BUGADO: My name is Cheriess Bugado. My home is in Honomū, and my current spa is in Wainaku. FUKE: Good morning, Madam Chair and members of the Commission. My name is Sidney Fuke. I’m a, here more as a moral support to Ms. Bugado. She called me about, about last week to plead with me to please be here to kind of help answer or respond to any technical questions which, since I’m just across the street, decided to come and be her moral support. So, I kind of shared with her like, you know, traditionally what’s, you know, how the Planning Commission, the processes, the protocol, so she has had a chance to review the staff’s Background Report and the proposed conditions, both on the Special Management Area as well as the Special Permit and found them to be acceptable. I’d like to also note that I, in kind of preparation for my being the moral support over here, I did review her application, and I found it to be quite honestly, quite well done. So, I was very happy to see that. 4 EXHIBIT A As the staff had kind of pointed out, you know, the reason why she kind of wants to move is that she’s basically kind of outgrown, you know, like her existing facility in, in Wainaku. I know that they’ve been some concerns relative to traffic, etc., and what we kind of wanted to point out was that, you know, as her application pointed out, is that this generally, you know, from a ten to six hour, ten to six o’clock period, they average like about, you know, two clients an hour, so you know, you’re looking at about 18. So, generally, you know, the traffic flow is, is relatively not as significant. It does not conflict with the a.m./p.m. peak hour traffic let alone the school traffic. In reviewing the report, I noticed also that there is a 6-inch waterline fronting Wainaku Avenue, and the Water Department did mention that, you know, it may not be adequate for fire flow protection. That is, in situations like that, what usually happens is that the, the applicant’s architect would have to coordinate very closely with the Fire Department, and they have to find some other mitigative measures such as installation of sprinklers, making sure that the structure is accessible, you know, by fire hoses completely around, you know, the structure, so there are ways that in spite not having the, what Water Department considers as the full standard fire flow requirement, during the Building Permit process, it can be addressed. That’s pretty much it. I think the staff covered it quite well, but we’d like to respond to any questions that you may have. Technically, I’ll try to respond to them operationally then, you know, Cheriess would respond to them, and after conclusion of the public hearing portion, we would appreciate any opportunity to provide additional comments. MOSES: Thank you, Mr. Fuke. I know you, you alluded to this already, but I’m gonna ask the question again to Ms. Bugado. You did receive the Planning Director’s Background Report and Recommendation Report. Do you agree with the Director’s Recommendation and its conditions of approval? BUGADO: Yes, I do. MOSES: Do you have any further comments regarding it? BUGADO: No. MOSES: Commissioners, any questions for the applicant? Thank you. Okay, you may be seated. Public testimony. It looks like there are two people signed up to testify. Garrett Kim and Gwen Herrington, if you can come up, please? Yes, thank you. I’m gonna swear both of you in. Do you swear or affirm to tell the truth on this matter now before the Planning Commission? Please raise your right hand. KIM: I do, yes. HERRINGTON: Yes. 5 EXHIBIT A MOSES: Please state your name and area you reside in and speak clearly into the microphone. Please note that you only have three minutes to address us. Thank you. Go ahead, you can begin. KIM: Okay, my name is Garrett Kim, and I live directly across of the, the lot that’s in question, and I oppose the Special Use Permit for the site on Wainaku Street. Let me first say that I’ve, I’ve met Ms. Bugado and this has nothing to do with Ms. Bugado. She seems like a very nice and friendly person, and if she was planning on building her home here, I would welcome her into our neighborhood, but she’s not. She’s planning on bringing her business here, and that’s what I oppose. The office building is not a good fit for our neighborhood. Presently, there’s nothing but residential and agricultural use in the entire area. Approving this permit would change the character of our neighborhood and also lead the way for more commercialization not only of our neighborhood, but the entire Hāmākua Coast. There is also no justification for a caretaker’s quarters for security reasons. The area we live in is safe, and neighbors look out for neighbors. I urge you to deny the Special Use Permit. MOSES: Thank you, Mr. Kim, for your testimony and your thoughts. Commissioners, any questions for this testifier? Okay, thank you. Gwen? You got three minutes. HERRINGTON: Thank you. My name is Gwen Herrington. I live in Hilo. Have been here for over 30 years, and I’ve been a client since she opened her first facility, if you will call it that, in the basement with two small rooms, and started provided services that we really need here, and watched her completely explode because of the need. The people that needed her services and wanted to be cared for nutritionally and, you know, with the other services she offers, so she was able to take an old plantation home, completely remodel it, and open for business—a fine, quality, beautiful facility with a very nice atmosphere. Very warm, friendly, upscale you might say. And, now she’s exploded the boundaries of that, what that can provide. So, what it tells me, and my own needs as well, is that there is a real need for a bigger facility, and we looked extensively all over for other properties that would make it convenient for her current clients, which by the way, this facility that she currently operates, it’s just a few blocks away from this new proposed site. So, the people that are already frequenting, excuse me, in using her facilities, are coming to this area already. So, because I think it would be a beautiful addition to our area and services that would provide, there will be nothing like it, in East Hawai‛i, and it would be a really beautiful asset to our community. She trains people. She provides jobs. Right now, she can’t offer any more jobs because she can’t have any more services. She’s maxed out. And so, this would allow for more people to have jobs and training, and learn how to really operate a quality spa, so it gives them an education to go on to other places and better themselves, too. She gives services to our community already. She offers, you know, massages and other services to people in need, and helps with high schools, and she does a whole lot of things for the community. And this facility, I think is, would be a really welcome asset to our community. 6 EXHIBIT A Anyway, thank you very much. MOSES: Thank you, Ms. Herrington for your thoughts and testimony. Commissioners, any questions for this testifier? If not, thank you. You may both take your seats back. Okay, Commissioners, I need a motion to close the public hearing if there are no others wanting to testify. IKEDA: Move to close public hearing. MOSES: I have— DELA CRUZ: Second. MOSES: Second? It’s been moved, and second. All in favor? COMMISSIONERS: Aye. MOSES: It has been moved by Commissioner Ikeda and seconded by Commissioner Dela Cruz to close the public hearing. Discussion? Motion for action? DARROW: If we could address the SMA permit first. Thank you. MOSES: Okay, can we address the SMA permit first? Yes, what do we need to do now? PATEL: If there’s a motion-- MOSES: Is there a motion? PATEL: Yeah, just to clarify, so there’s— MOSES: --two— PATEL: --two permits, yeah? So, there’s the SMA permit and the SPP permit, so we’ll need two separate motions, either approving or denying— MOSES: --thank you— PATEL: --either motion, either application. IKEDA: I move that the application for the SMA permit be approved based on the—based on the Planning Director’s Recommendations and findings and proposed conditions which shall be adopted. 7 EXHIBIT A MOSES: Okay, it was moved by Commissioner Ikeda. Is there a second? DELA CRUZ: Second. MOSES: And seconded by Commissioner Dela Cruz. Discussion or comments? Okay, staff will restate the motion. DARROW: The motion before us is to approve, is the Special Management Area Use Permit as recommended by the Planning Director with conditions. With that, we’ll take the roll call. Commissioner Ikeda? IKEDA: Aye. DARROW: Commissioner Dela Cruz? DELA CRUZ: Aye. DARROW: Commissioner Heaukulani? HEAUKULANI: Aye. DARROW: Commissioner Henkel? HENKEL: Aye. DARROW: And Chairwoman Moses. MOSES: Aye. DARROW: The motion passes five to zero. MOSES: Thank you. Okay, so we have another--Special Permit application. Is there a motion? IKEDA: I move that the application for a Special Permit, Docket No. SPP 15-179 be approved based on the Planning Director’s Recommendation, findings, and proposed conditions which shall be adopted. MOSES: It was moved by Commissioner Ikeda. Is there a second? DELA CRUZ: Second. MOSES: And seconded by Commissioner Dela Cruz. Discussion or comments? Okay, staff will restate the motion. 8 EXHIBIT A DARROW: Thank you, Chairwoman. The motion before us is to approve the Special Permit application as recommended by the Planning Director with conditions. With that, we’ll take the roll call. Commissioner Ikeda? IKEDA: Aye. DARROW: Commissioner Dela Cruz? DELA CRUZ: Aye. DARROW: Commissioner Heaukulani? HEAUKULANI: Aye. DARROW: Commissioner Henkel? HENKEL: Aye. DARROW: And Chairwoman Moses. MOSES: Aye. DARROW: The motion passes five to zero. MOSES: Thank you Darrow. Thank you. You will be notified of the Commissioner, Commission’s decision in writing. Thank you. The discussion ended at 9:26 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 9 EXHIBIT A